Pierre C. Marc v. United States

Whether due process permits a conviction for a charged drug and threshold quantity 5 kilograms or more of cocaine, 21 U. S. C.§841 (a) (1), (b) (1) (A) when the Government's trial evidence proved only a different controlled substance (fentanyl) and no cocaine, and the jury nonetheless returned a verdict finding '5 kilograms or more of cocaine."

"Whether a federal court of appeals may affirm a conviction by declining to review the sufficiency of the evidence because the defendant did not renew a Rule 29 motion after the Government's case, where the record reflects a complete failure of proof on an element (identity of the controlled substance and threshold drug­ quantity element)."

"Whether, at minimum, the court of appeals must review such a claim for plain error or to prevent a manifest miscarriage of justice, rather than treating it as unreviewable or forfeited."